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19 U.S.C. § 2463 — Designation of eligible articles

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19 U.S.C. § 2463 — Designation of eligible articles

Page 697 TITLE 19—CUSTOMS DUTIES § 2463 (2) Notification of termination If the President has designated any country as a beneficiary developing country under this subchapter, the President shall not terminate such designation unless, at least 60 days before such termination, the President has notified the Congress and has notified such country of the President’s intention to terminate such designation, together with the considerations entering into such decision. (Pub. L. 93–618, title V, § 502, as added Pub. L. 104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat. 1917; amended Pub. L. 104–295, § 35(a), Oct. 11, 1996, 110 Stat. 3538; Pub. L. 106–200, title IV, § 412(a), May 18, 2000, 114 Stat. 298; Pub. L. 107–210, div. D, title XLI, § 4102(a), Aug. 6, 2002, 116 Stat. 1040.) Editorial Notes REFERENCES IN TEXT Section 4605(j)(1)(A) of title 50, referred to in subsec. (b)(2)(F), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. For provi- sions similar to those of former section 4605(j)(1)(A) of title 50, see section 4813(c)(1)(A)(i) of title 50, as enacted by Pub. L. 115–232. PRIOR PROVISIONS A prior section 2462, Pub. L. 93–618, title V, § 502(a)–(c), (e), Jan. 3, 1975, 88 Stat. 2066–2069; Pub. L. 94–455, title XVIII, § 1802, Oct. 4, 1976, 90 Stat. 1763; Pub. L. 96–39, title XI, §§ 1106(g)(1), (2), 1111(a)(1), (2), July 26, 1979, 93 Stat. 312, 313, 315; Pub. L. 98–573, title V, § 503, Oct. 30, 1984, 98 Stat. 3019; Pub. L. 99–47, § 8(b)(2), June 11, 1985, 99 Stat. 85; Pub. L. 99–514, title XVIII, § 1887(a)(5), Oct. 22, 1986, 100 Stat. 2923; Pub. L. 99–570, title IX, § 9002(a), Oct. 27, 1986, 100 Stat. 3207–166; Pub. L. 101–179, title III, § 301, Nov. 28, 1989, 103 Stat. 1311; Pub. L. 101–382,

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Page 697 TITLE 19—CUSTOMS DUTIES § 2463 (2) Notification of termination If the President has designated any country as a beneficiary developing country under this subchapter, the President shall not terminate such designation unless, at least 60 days before such termination, the President has notified the Congress and has notified such country of the President’s intention to terminate such designation, together with the considerations entering into such decision. (Pub. L. 93–618, title V, § 502, as added Pub. L. 104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat. 1917; amended Pub. L. 104–295, § 35(a), Oct. 11, 1996, 110 Stat. 3538; Pub. L. 106–200, title IV, § 412(a), May 18, 2000, 114 Stat. 298; Pub. L. 107–210, div. D, title XLI, § 4102(a), Aug. 6, 2002, 116 Stat. 1040.) Editorial Notes REFERENCES IN TEXT Section 4605(j)(1)(A) of title 50, referred to in subsec. (b)(2)(F), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. For provi- sions similar to those of former section 4605(j)(1)(A) of title 50, see section 4813(c)(1)(A)(i) of title 50, as enacted by Pub. L. 115–232. PRIOR PROVISIONS A prior section 2462, Pub. L. 93–618, title V, § 502(a)–(c), (e), Jan. 3, 1975, 88 Stat. 2066–2069; Pub. L. 94–455, title XVIII, § 1802, Oct. 4, 1976, 90 Stat. 1763; Pub. L. 96–39, title XI, §§ 1106(g)(1), (2), 1111(a)(1), (2), July 26, 1979, 93 Stat. 312, 313, 315; Pub. L. 98–573, title V, § 503, Oct. 30, 1984, 98 Stat. 3019; Pub. L. 99–47, § 8(b)(2), June 11, 1985, 99 Stat. 85; Pub. L. 99–514, title XVIII, § 1887(a)(5), Oct. 22, 1986, 100 Stat. 2923; Pub. L. 99–570, title IX, § 9002(a), Oct. 27, 1986, 100 Stat. 3207–166; Pub. L. 101–179, title III, § 301, Nov. 28, 1989, 103 Stat. 1311; Pub. L. 101–382, title I, § 131, Aug. 20, 1990, 104 Stat. 643; Pub. L. 103–66, title XIII, § 13802(a), Aug. 10, 1993, 107 Stat. 667; Pub. L. 103–149, § 4(b)(9), Nov. 23, 1993, 107 Stat. 1506, re- lated to beneficiary developing countries, prior to the general amendment of this subchapter by Pub. L. 104–188. AMENDMENTS 2002—Subsec. (b)(2)(F). Pub. L. 107–210 inserted ‘‘or such country has not taken steps to support the efforts of the United States to combat terrorism’’ before pe- riod at end. 2000—Subsec. (b)(2). Pub. L. 106–200, § 412(a)(2), in con- cluding provisions substituted ‘‘(G), and (H) (to the ex- tent described in section 2467(6)(D) of this title)’’ for ‘‘and (G)’’. Subsec. (b)(2)(H). Pub. L. 106–200, § 412(a)(1), added subpar. (H). 1996—Subsec. (b)(2)(F). Pub. L. 104–295, amended sub- par. (F) generally. Prior to amendment, subpar. (F) read as follows: ‘‘Such country aids or abets, by grant- ing sanctuary from prosecution to, any individual or group which has committed an act of international ter- rorism.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–295, § 35(b), Oct. 11, 1996, 110 Stat. 3538, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1996.’’ EFFECTIVE DATE Section applicable to articles entered on or after Oct. 1, 1996, with provisions relating to retroactive applica- tion, see section 1953 of Pub. L. 104–188, set out as a note under section 2461 of this title. Executive Documents DELEGATION OF FUNCTIONS Proc. No. 6942, Oct. 17, 1996, 61 F.R. 54719, provided in par. (5) that powers of the President granted in subsec. (f)(2) of this section to notify a country of the Presi- dent’s intention to terminate that country’s status as a beneficiary developing country for purposes of the Generalized System of Preferences were delegated to the United States Trade Representative. § 2463. Designation of eligible articles (a) Eligible articles (1) Designation (A) In general Except as provided in subsection (b), the President is authorized to designate articles as eligible articles from all beneficiary de- veloping countries for purposes of this sub- chapter by Executive order or Presidential proclamation after receiving the advice of the International Trade Commission in ac- cordance with subsection (e). (B) Least-developed beneficiary developing countries Except for articles described in subpara- graphs (A), (B), and (E) of subsection (b)(1) and articles described in paragraphs (2) and (3) of subsection (b), the President may, in carrying out section 2462(d)(1) of this title and subsection (c)(1) of this section, des- ignate articles as eligible articles only for countries designated as least-developed ben- eficiary developing countries under section 2462(a)(2) of this title if, after receiving the advice of the International Trade Commis- sion in accordance with subsection (e) of this section, the President determines that such articles are not import-sensitive in the con- text of imports from least-developed bene- ficiary developing countries. (C) Three-year rule If, after receiving the advice of the Inter- national Trade Commission under sub- section (e), an article has been formally con- sidered for designation as an eligible article under this subchapter and denied such des- ignation, such article may not be reconsid- ered for such designation for a period of 3 years after such denial. (2) Rule of origin (A) General rule The duty-free treatment provided under this subchapter shall apply to any eligible article which is the growth, product, or man- ufacture of a beneficiary developing country if— (i) that article is imported directly from a beneficiary developing country into the customs territory of the United States; and (ii) the sum of— (I) the cost or value of the materials produced in the beneficiary developing country or any two or more such coun- Page 698 TITLE 19—CUSTOMS DUTIES § 2463 1 See References in Text note below. 2 So in original. Two pars. (5) have been enacted. tries that are members of the same asso- ciation of countries and are treated as one country under section 2467(2) of this title, plus (II) the direct costs of processing oper- ations performed in such beneficiary de- veloping country or such member coun- tries, is not less than 35 percent of the appraised value of such article at the time it is en- tered. (B) Exclusions An article shall not be treated as the growth, product, or manufacture of a bene- ficiary developing country by virtue of hav- ing merely undergone— (i) simple combining or packaging oper- ations, or (ii) mere dilution with water or mere di- lution with another substance that does not materially alter the characteristics of the article. (3) Regulations The Secretary of the Treasury, after con- sulting with the United States Trade Rep- resentative, shall prescribe such regulations as may be necessary to carry out paragraph (2), including, but not limited to, regulations providing that, in order to be eligible for duty- free treatment under this subchapter, an arti- cle— (A) must be wholly the growth, product, or manufacture of a beneficiary developing country, or (B) must be a new or different article of commerce which has been grown, produced, or manufactured in the beneficiary devel- oping country. (b) Articles that may not be designated as eligi- ble articles (1) Import-sensitive articles The President may not designate any article as an eligible article under subsection (a) if such article is within one of the following cat- egories of import-sensitive articles: (A) Except as provided in paragraphs (4) and (5),1 textile and apparel articles which were not eligible articles for purposes of this subchapter on January 1, 1994, as this sub- chapter was in effect on such date. (B) Watches, except those watches entered after June 30, 1989, that the President spe- cifically determines, after public notice and comment, will not cause material injury to watch or watch band, strap, or bracelet man- ufacturing and assembly operations in the United States or the United States insular possessions. (C) Import-sensitive electronic articles. (D) Import-sensitive steel articles. (E) Except as provided in paragraph (5),1 footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel which were not eligible articles for purposes of this subchapter on January 1, 1995, as this subchapter was in effect on such date. (F) Import-sensitive semimanufactured and manufactured glass products. (G) Any other articles which the President determines to be import-sensitive in the context of the Generalized System of Pref- erences. (2) Articles against which other actions taken An article shall not be an eligible article for purposes of this subchapter for any period dur- ing which such article is the subject of any ac- tion proclaimed pursuant to section 2253 of this title or section 1862 or 1981 of this title. (3) Agricultural products No quantity of an agricultural product sub- ject to a tariff-rate quota that exceeds the in- quota quantity shall be eligible for duty-free treatment under this subchapter. (4) Certain hand-knotted or hand-woven car- pets Notwithstanding paragraph (1)(A), the Presi- dent may designate as an eligible article or ar- ticles under subsection (a) carpets or rugs which are hand-loomed, hand-woven, hand- hooked, hand-tufted, or hand-knotted, and classifiable under subheading 5701.10.16, 5701.10.40, 5701.90.10, 5701.90.20, 5702.10.90, 5702.42.20, 5702.49.10, 5702.51.20, 5702.91.30, 5702.92.00, 5702.99.10, 5703.10.00, 5703.20.10, or 5703.30.00 of the Harmonized Tariff Schedule of the United States. (5) 2 Certain cotton articles Notwithstanding paragraph (3), the Presi- dent may designate as an eligible article or ar- ticles under subsection (a)(1)(B) only for coun- tries designated as least-developed beneficiary developing countries under section 2462(a)(2) of this title cotton articles classifiable under subheading 5201.00.18, 5201.00.28, 5201.00.38, 5202.99.30, or 5203.00.30 of the Harmonized Tar- iff Schedule of the United States. (5) 2 Certain luggage and travel articles Notwithstanding subparagraph (A) or (E) of paragraph (1), the President may designate the following as eligible articles under subsection (a): (A) Articles classifiable under subheading 4202.11.00, 4202.12.40, 4202.21.60, 4202.21.90, 4202.22.15, 4202.22.45, 4202.31.60, 4202.32.40, 4202.32.80, 4202.92.15, 4202.92.20, 4202.92.45, or 4202.99.90 of the Harmonized Tariff Schedule of the United States. (B) Articles classifiable under statistical reporting number 4202.12.2020, 4202.12.2050, 4202.12.8030, 4202.12.8070, 4202.22.8050, 4202.32.9550, 4202.32.9560, 4202.91.0030, 4202.91.0090, 4202.92.3020, 4202.92.3031, 4202.92.3091, 4202.92.9026, or 4202.92.9060 of the Harmonized Tariff Schedule of the United States, as such statistical reporting numbers are in effect on June 29, 2015. (c) Withdrawal, suspension, or limitation of duty- free treatment; competitive need limitation (1) In general The President may withdraw, suspend, or limit the application of the duty-free treat- Page 699 TITLE 19—CUSTOMS DUTIES § 2463 ment accorded under this subchapter with re- spect to any article, except that no rate of duty may be established with respect to any article pursuant to this subsection other than the rate which would apply but for this sub- chapter. In taking any action under this sub- section, the President shall consider the fac- tors set forth in sections 2461 and 2462(c) of this title. (2) Competitive need limitation (A) Basis for withdrawal of duty-free treat- ment (i) In general Except as provided in clause (ii) and sub- ject to subsection (d), whenever the Presi- dent determines that a beneficiary devel- oping country has exported (directly or in- directly) to the United States during any calendar year beginning after December 31, 1995— (I) a quantity of an eligible article hav- ing an appraised value in excess of the applicable amount for the calendar year, or (II) a quantity of an eligible article equal to or exceeding 50 percent of the appraised value of the total imports of that article into the United States dur- ing any calendar year, the President shall, not later than Novem- ber 1 of the next calendar year, terminate the duty-free treatment for that article from that beneficiary developing country. (ii) Annual adjustment of applicable amount For purposes of applying clause (i), the applicable amount is— (I) for 1996, $75,000,000, and (II) for each calendar year thereafter, an amount equal to the applicable amount in effect for the preceding cal- endar year plus $5,000,000. (B) ‘‘Country’’ defined For purposes of this paragraph, the term ‘‘country’’ does not include an association of countries which is treated as one country under section 2467(2) of this title, but does include a country which is a member of any such association. (C) Redesignations A country which is no longer treated as a beneficiary developing country with respect to an eligible article by reason of subpara- graph (A) may, subject to the considerations set forth in sections 2461 and 2462 of this title, be redesignated a beneficiary devel- oping country with respect to such article if imports of such article from such country did not exceed the limitations in subpara- graph (A) during the preceding calendar year. (D) Least-developed beneficiary developing countries and beneficiary sub-Saharan African countries Subparagraph (A) shall not apply to any least-developed beneficiary developing coun- try or any beneficiary sub-Saharan African country. (E) Articles not produced in the United States excluded Subparagraph (A)(i)(II) shall not apply with respect to any eligible article if a like or directly competitive article was not pro- duced in the United States in any of the pre- ceding 3 calendar years. (F) De minimis waivers (i) In general The President may disregard subpara- graph (A)(i)(II) with respect to any eligible article from any beneficiary developing country if the aggregate appraised value of the imports of such article into the United States during the preceding calendar year does not exceed the applicable amount for such preceding calendar year. (ii) Applicable amount For purposes of applying clause (i), the applicable amount is— (I) for calendar year 1996, $13,000,000, and (II) for each calendar year thereafter, an amount equal to the applicable amount in effect for the preceding cal- endar year plus $500,000. (d) Waiver of competitive need limitation (1) In general The President may waive the application of subsection (c)(2) with respect to any eligible article of any beneficiary developing country if, before November 1 of the calendar year be- ginning after the calendar year for which a de- termination described in subsection (c)(2)(A) was made with respect to such eligible article, the President— (A) receives the advice of the International Trade Commission under section 1332 of this title on whether any industry in the United States is likely to be adversely affected by such waiver, (B) determines, based on the consider- ations described in sections 2461 and 2462(c) of this title and the advice described in sub- paragraph (A), that such waiver is in the na- tional economic interest of the United States, and (C) publishes the determination described in subparagraph (B) in the Federal Register. (2) Considerations by the President In making any determination under para- graph (1), the President shall give great weight to— (A) the extent to which the beneficiary de- veloping country has assured the United States that such country will provide equi- table and reasonable access to the markets and basic commodity resources of such coun- try, and (B) the extent to which such country pro- vides adequate and effective protection of in- tellectual property rights. (3) Other bases for waiver The President may waive the application of subsection (c)(2) if, before November 1 of the calendar year beginning after the calendar year for which a determination described in Page 700 TITLE 19—CUSTOMS DUTIES § 2463 subsection (c)(2) was made with respect to a beneficiary developing country, the President determines that— (A) there has been a historical preferential trade relationship between the United States and such country, (B) there is a treaty or trade agreement in force covering economic relations between such country and the United States, and (C) such country does not discriminate against, or impose unjustifiable or unreason- able barriers to, United States commerce, and the President publishes that determina- tion in the Federal Register. (4) Limitations on waivers (A) In general The President may not exercise the waiver authority under this subsection with respect to a quantity of an eligible article entered during any calendar year beginning after 1995, the aggregate appraised value of which equals or exceeds 30 percent of the aggregate appraised value of all articles that entered duty-free under this subchapter during the preceding calendar year. (B) Other waiver limits (i) The President may not exercise the waiver authority provided under this sub- section with respect to a quantity of an eli- gible article entered during any calendar year beginning after 1995, the aggregate ap- praised value of which exceeds 15 percent of the aggregate appraised value of all articles that have entered duty-free under this sub- chapter during the preceding calendar year from those beneficiary developing countries which for the preceding calendar year— (I) had a per capita gross national prod- uct (calculated on the basis of the best available information, including that of the International Bank for Reconstruction and Development) of $5,000 or more; or (II) had exported (either directly or indi- rectly) to the United States a quantity of articles that was duty-free under this sub- chapter that had an aggregate appraised value of more than 10 percent of the aggre- gate appraised value of all articles that en- tered duty-free under this subchapter dur- ing that year. (ii) Not later than November 1 of each year, the President should revoke any waiv- er that has then been in effect with respect to an article for 5 years or more if the bene- ficiary developing country has exported to the United States (directly or indirectly) during the preceding calendar year a quan- tity of the article— (I) having an appraised value in excess of 1.5 times the applicable amount set forth in subsection (c)(2)(A)(ii) for that calendar year; or (II) exceeding 75 percent of the appraised value of the total imports of that article into the United States during that cal- endar year. (C) Calculation of limitations There shall be counted against the limita- tions imposed under subparagraphs (A) and (B) for any calendar year only that value of any eligible article of any country that— (i) entered duty-free under this sub- chapter during such calendar year; and (ii) is in excess of the value of that arti- cle that would have been so entered during such calendar year if the limitations under subsection (c)(2)(A) applied. (5) Effective period of waiver Any waiver granted under this subsection shall remain in effect until the President de- termines that such waiver is no longer war- ranted due to changed circumstances. (e) International Trade Commission advice Before designating articles as eligible articles under subsection (a)(1), the President shall pub- lish and furnish the International Trade Com- mission with lists of articles which may be con- sidered for designation as eligible articles for purposes of this subchapter. The provisions of sections 2151, 2152, 2153, and 2154 of this title shall be complied with as though action under section 2461 of this title and this section were action under section 2133 of this title to carry out a trade agreement entered into under sec- tion 2133 of this title. (f) Special rule concerning Puerto Rico No action under this subchapter may affect any tariff duty imposed by the Legislature of Puerto Rico pursuant to section 1319 of this title on coffee imported into Puerto Rico. (Pub. L. 93–618, title V, § 503, as added Pub. L. 104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat. 1921; amended Pub. L. 106–36, title I, § 1001(a)(7), June 25, 1999, 113 Stat. 130; Pub. L. 106–200, title I, § 111(b), May 18, 2000, 114 Stat. 258; Pub. L. 108–429, title I, § 1555(a), (b), Dec. 3, 2004, 118 Stat. 2578, 2579; Pub. L. 109–432, div. D, title VIII, § 8001, Dec. 20, 2006, 120 Stat. 3195; Pub. L. 114–27, title II, §§ 202, 204, June 29, 2015, 129 Stat. 372; Pub. L. 115–141, div. M, title V, § 502, Mar. 23, 2018, 132 Stat. 1051.) Editorial Notes REFERENCES IN TEXT Paragraph (5), referred to in subsec. (b)(1)(A), (E), probably means the subsec. (b)(5) relating to certain luggage and travel articles because section 204 of Pub. L. 114–27 added such par. (5) as well as those references. See 2015 Amendment notes below. The Harmonized Tariff Schedule of the United States, referred to in subsec. (b)(4), (5), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. PRIOR PROVISIONS A prior section 2463, Pub. L. 93–618, title V, § 503, Jan. 3, 1975, 88 Stat. 2069; Pub. L. 96–39, title XI, § 1111(a)(3), July 26, 1979, 93 Stat. 315; Pub. L. 98–573, title V, § 504, Oct. 30, 1984, 98 Stat. 3020; Pub. L. 99–47, § 8(b)(2), June 11, 1985, 99 Stat. 85; Pub. L. 99–514, title XVIII, § 1889(7), Oct. 22, 1986, 100 Stat. 2926; Pub. L. 100–418, title I, § 1903, Aug. 23, 1988, 102 Stat. 1313; Pub. L. 101–382, title II, § 226, Aug. 20, 1990, 104 Stat. 660; Pub. L. 103–465, title IV, § 404(e)(3), Dec. 8, 1994, 108 Stat. 4961, related to eligible articles, prior to the general amendment of this sub- chapter by Pub. L. 104–188. AMENDMENTS 2018—Subsec. (c)(2)(A)(i). Pub. L. 115–141, § 502(1)(A), substituted ‘‘November 1’’ for ‘‘July 1’’ in concluding provisions. Page 701 TITLE 19—CUSTOMS DUTIES § 2465 Subsec. (c)(2)(E). Pub. L. 115–141, § 502(1)(B), sub- stituted ‘‘in any of the preceding 3 calendar years’’ for ‘‘on January 1, 1995’’. Subsec. (d)(1), (3), (4)(B)(ii). Pub. L. 115–141, § 502(2), substituted ‘‘November 1’’ for ‘‘July 1’’. 2015—Subsec. (b)(1)(A). Pub. L. 114–27, § 204(1), sub- stituted ‘‘paragraphs (4) and (5)’’ for ‘‘paragraph (4)’’. Subsec. (b)(1)(E). Pub. L. 114–27, § 204(2), substituted ‘‘Except as provided in paragraph (5), footwear’’ for ‘‘Footwear’’. Subsec. (b)(5). Pub. L. 114–27, § 204(3), which directed amendment of subsec. (b)(1) by adding par. (5), relating to certain luggage and travel articles, at the end, was executed by adding such par. (5) at the end of subsec. (b), to reflect the probable intent of Congress. Pub. L. 114–27, § 202, added par. (5) relating to certain cotton articles. 2006—Subsec. (d)(4)(B). Pub. L. 109–432 designated ex- isting provisions as cl. (i), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, and added cl. (ii). 2004—Subsec. (b)(1)(A). Pub. L. 108–429, § 1555(b), sub- stituted ‘‘Except as provided in paragraph (4), textile’’ for ‘‘Textile’’. Subsec. (b)(4). Pub. L. 108–429, § 1555(a), added par. (4). 2000—Subsec. (c)(2)(D). Pub. L. 106–200 amended head- ing and text of subpar. (D) generally. Prior to amend- ment, text read as follows: ‘‘Subparagraph (A) shall not apply to any least-developed beneficiary developing country.’’ 1999—Subsec. (a)(2)(A)(ii). Pub. L. 106–36 added subcl. (II) and concluding provisions and struck out former subcl. (II) which read as follows: ‘‘the direct costs of processing operations performed in such beneficiary de- veloping country or such member countries, is not less than 35 percent of the appraised value of such article at the time it is entered.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–429, title I, § 1555(c), Dec. 3, 2004, 118 Stat. 2579, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section] shall apply to any article entered, or withdrawn from warehouse for consumption, on or after the date on which the President makes a designation with respect to the arti- cle under section 503(b)(4) of the Trade Act of 1974 [sub- sec. (b)(4) of this section], as added by subsection (a).’’ EFFECTIVE DATE Section applicable to articles entered on or after Oct. 1, 1996, with provisions relating to retroactive applica- tion, see section 1953 of Pub. L. 104–188, set out as a note under section 2461 of this title. APPLICATION OF COMPETITIVE NEED LIMITATION AND WAIVER UNDER GENERALIZED SYSTEM OF PREF- ERENCES WITH RESPECT TO ARTICLES OF BENEFICIARY DEVELOPING COUNTRIES EXPORTED TO THE UNITED STATES DURING CALENDAR YEAR 2014 Pub. L. 114–27, title II, § 203, June 29, 2015, 129 Stat. 372, provided that: ‘‘(a) IN GENERAL.—For purposes of applying and ad- ministering subsections (c)(2) and (d) of section 503 of the Trade Act of 1974 (19 U.S.C. 2463) with respect to an article described in subsection (b) of this section, sub- sections (c)(2) and (d) of section 503 of such Act shall be applied and administered by substituting ‘October 1’ for ‘July 1’ each place such date appears. ‘‘(b) ARTICLE DESCRIBED.—An article described in this subsection is an article of a beneficiary developing country that is designated by the President as an eligi- ble article under subsection (a) of section 503 of the Trade Act of 1974 (19 U.S.C. 2463) and with respect to which a determination described in subsection (c)(2)(A) of such section was made with respect to exports (di- rectly or indirectly) to the United States of such eligi- ble article during calendar year 2014 by the beneficiary developing country.’’ § 2464. Review and report to Congress The President shall submit an annual report to the Congress on the status of internationally recognized worker rights within each bene- ficiary developing country, including the find- ings of the Secretary of Labor with respect to the beneficiary country’s implementation of its international commitments to eliminate the worst forms of child labor. (Pub. L. 93–618, title V, § 504, as added Pub. L. 104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat. 1925; amended Pub. L. 106–200, title IV, § 412(c), May 18, 2000, 114 Stat. 299.) Editorial Notes PRIOR PROVISIONS A prior section 2464, Pub. L. 93–618, title V, § 504, Jan. 3, 1975, 88 Stat. 2070; Pub. L. 96–39, title XI, §§ 1106(g)(3), 1111(a)(4), July 26, 1979, 93 Stat. 313, 315; Pub. L. 98–573, title V, § 505, Oct. 30, 1984, 98 Stat. 3020; Pub. L. 99–47, § 8(b)(2), June 11, 1985, 99 Stat. 85; Pub. L. 99–514, title XVIII, § 1887(a)(6), Oct. 22, 1986, 100 Stat. 2923, related to limitations on preferential treatment, prior to the gen- eral amendment of this subchapter by Pub. L. 104–188. AMENDMENTS 2000—Pub. L. 106–200 inserted before period at end ‘‘, including the findings of the Secretary of Labor with respect to the beneficiary country’s implementation of its international commitments to eliminate the worst forms of child labor’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to articles entered on or after Oct. 1, 1996, with provisions relating to retroactive applica- tion, see section 1953 of Pub. L. 104–188, set out as a note under section 2461 of this title. § 2465. Date of termination No duty-free treatment provided under this subchapter shall remain in effect after Decem- ber 31, 2020. (Pub. L. 93–618, title V, § 505, as added Pub. L. 104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat. 1925; amended Pub. L. 105–34, title IX, § 981(a), Aug. 5, 1997, 111 Stat. 902; Pub. L. 105–277, div. J, title I, § 1011(a), Oct. 21, 1998, 112 Stat. 2681–900; Pub. L. 106–170, title V, § 508(a), Dec. 17, 1999, 113 Stat. 1923; Pub. L. 107–210, div. D, title XLI, § 4101(a), Aug. 6, 2002, 116 Stat. 1040; Pub. L. 109–432, div. D, title VIII, § 8002, Dec. 20, 2006, 120 Stat. 3195; Pub. L. 110–436, § 4, Oct. 16, 2008, 122 Stat. 4981; Pub. L. 111–124, § 1, Dec. 28, 2009, 123 Stat. 3484; Pub. L. 112–40, § 1(a), Oct. 21, 2011, 125 Stat. 401; Pub. L. 114–27, title II, § 201(a), June 29, 2015, 129 Stat. 371; Pub. L. 115–141, div. M, title V, § 501(a), Mar. 23, 2018, 132 Stat. 1050.) Editorial Notes PRIOR PROVISIONS A prior section 2465, Pub. L. 93–618, title V, § 505, Jan. 3, 1975, 88 Stat. 2071; Pub. L. 98–573, title V, § 506(a), Oct. 30, 1984, 98 Stat. 3023; Pub. L. 103–66, title XIII, § 13802(b)(1), Aug. 10, 1993, 107 Stat. 667; Pub. L. 103–465, title VI, § 601(a), Dec. 8, 1994, 108 Stat. 4990, related to termination of duty-free treatment and reports, prior to the general amendment of this subchapter by Pub. L. 104–188.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2463 — Authority to extend preferences

The President may provide duty-free treatment for any eligible article from any beneficiary developing country in accordance with the provisions of this subchapter. In taking any such action, the President shall have due regard for— (1) the effect such action will have on furthering the economic development of developing countries through the expansion of their exports; (2) the extent to which other major developed countries are undertaking a comparable effort to assist developing countries by granting generalized preferences with respect to imports of products of such countries; (3) the anticipated impact of such action on United States producers of like or directly competitive products; and (4) the extent of the beneficiary developing country’s competitiveness with respect to eligible articles.

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2463

Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.